Frequently Asked Questions
Registration of a burden by persons holding a lien on registered land or a registered charge through deposit or possession of land certificates or certificates of charge (Section 73 of the Registration of Deeds and Title Act 2006) and general question in relation to the abolition of Land Certificates.
1. What is a Land Certificate?
It is essentially a copy or printout of a folio which will show (1) a description of the property (2) details of the registered owner and (3) details of any encumbrances (e.g. such as a mortgage or right of way etc) which effect the property. It is certified by the Property Registration Authority (formerly the Land Registry). It does not have a map attached. It is a document of title in respect of registered land certifying a registered ownership. It is evidence of the registered title but not of the ownership of any burdens shown thereon.
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2. What was the purpose of a Land Certificate?
The Land Certificate provided the owner of registered land with such evidence of his/her title similar to an owner of unregistered land who is in possession of his/her title deeds. It was sometimes used as a means of giving security for lands by depositing the Land Certificate with a borrower where monies were advanced.
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3. Why has a decision been made to abolish Land Certificates?
A decision was made by Government to abolish Land Certificates in one of its first steps in the modernisation of the conveyancing process. This decision supports its policy on the introduction of e-Conveyancing which will lead to more efficient and cost effective conveyancing transactions. The certificate system contributed to a significant extent to the delays and costs associated with the registration of title to land.
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4. What is e-Conveyancing?
e-Conveyancing is a system which envisages paperless transactions through most or all stages of the conveyancing process from pre-sale to post-completion of the transaction, including registration.
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5. My Land Certificate has been abolished. I am concerned that I will have no document of title. What will replace my Land Certificate? How can I show title to my property?
An owner can apply for a copy of his/her folio (fee €6) which will be certified as of the date of issue. A copy folio together with a filed plan (map) can also be applied for (fee €25). This document is a superior product to the Land Certificate in that is an up to date copy which is supported by a filed plan (map).
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6. I am dissatisfied with the decision to abolish Land Certificates. My Land Certificate is of historical and sentimental value to me and I do not wish to part with it. Do I have to forward it to the Property Registration Authority?
If there is a dealing with the property (for example if you sell or mortgage your property) in the period up to 31/12/2009 it will have to be forwarded to the Property Registration Authority in order to allow the registration to proceed. However, as and from 4 January 2010 a Land Certificate which was lodged for a dealing up to 31 December 2009 is no longer marked cancelled or retained in the PRA but is returned to the lodging party. Such Land Certificates are accompanied by a letter containing the following explanation:
"With effect from 1st January 2010, Land Certificates ceased to have force or effect. It is no longer a document of title and is merely a historical document with no legal effect under Section 73 of the Registration of Deeds and Title Act 2006. The Land Certificate is no longer required for registration purposes by the Property Registration Authority and it can no longer be pledged by way of security for borrowings".
If there are no dealings with the property the Land Certificate will simply cease to have effect as of 1/1/2010 inclusive and you may retain it. It is no longer a document of title and is merely a historical document with no legal effect.
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7. My Land Certificate is being held by my local financial institution to cover monies borrowed without taking out a mortgage. What will happen now to the Land Certificate? Do I need to do anything?
It is up to your financial institution to decide if it wishes to apply for registration of a lien as a burden against your registered land. This essentially means that the security that the financial institution had by holding your Land Certificate (which effectively meant you could not sell or mortgage your property without their consent) will cease after 31/12/2009. Holding the Land Certificate was the financial institution's way of protecting its security. Now that Land Certificates are being abolished and will have no effect after 31/12/2009, the financial institution can protect its interest by registering a lien on the property before that date. This registration will protect its security (registered as a burden on the folio).
The financial institution or its solicitor can apply and the Land Certificate will be lodged and will not re-issue. This is a matter for the financial institution and if it does not wish to register a lien, the Land Certificate will cease to have effect as a legal document of title after 31/12/2009.
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8. If a solicitor (who has given an undertaking to a bank to lodge a Land Certificate), applies to register a Section 73 lien, in whose favour should the lien be registered, the bank's or the solicitor's? The Form A does not appear to make direct reference to the financial institution.
If the lien is to be registered in the name of the bank, the bank should apply. If the solicitor applies on behalf of the bank, he/she should make that clear on the application Form.
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9. If a lien exists through the deposit or possession of a Land Certificate or a Certificate of Charge, can a Section 73 lien be registered if it is lodged after 1/1/2010?
No, the date is a strict cut off point and it cannot be registered after that date.
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10. If a solicitor gives an undertaking prior to 1/1/2007, can a Section 73 lien be registered if lodged after 1/1/2010?
No, it cannot be registered after that date.
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11. Will liens registered under Section 73 cease to have any force or effect after 1/1/2010?
Such liens will continue to exist on the register as valid burdens.
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12. If the Section 73 burdens don't have effect after 1/1/2010, can the lien be cancelled in a similar fashion to the cancellation of a Section 12 and Section 45 Prohibition Note?
See No. 11 above - the burden continues to have effect.
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13. What is the fee for registering or cancelling a lien?
There is no fee for either.
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14. Where a Land Certificate has been requisitioned before 1/1/2007, but has not issued, can a lien be registered?
Yes, provided the undertaking was given prior to 1/1/2007 and any monies were advanced prior to that date.
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15. Can a lien be registered on foot of an undertaking?
Yes, provided that both (1) the monies have been advanced and (2) an undertaking have been given prior to 1/1/2007.
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16. Must an applicant wait the 26 days before lodging in cases where the registered owner has signed the Form B?
No, the period does not apply in such cases.
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17. Can a lien be registered in cases where costs have been incurred, rather than actual monies advanced?
No. This is commonly called a lien for costs and it is not covered by Section 73. Monies must have been advanced.
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18. Can a lien be registered against a person entitled to be registered, where the dealing entitling them to be registered is still pending?
Yes, provided that the undertaking was given and monies advanced prior to 1/1/2007.
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19. Where a lending institution hold an undertaking to furnish a Land Certificate on the security of monies advanced may they furnish this undertaking without producing the Land Certificate?
Where the Land Certificate has issued, it must be produced, unless it is being held by the Property Registration Authority.
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20. What is the fee for registering or cancelling a lien?
There is no fee for either.
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Published 28th October 2008 and updated 20th January 2010.